Negotiating Carrier-Broker-Shipper Agreements: Advanced Strategies, Key Provisions, Latest Trends and Issues

As supply chain complexity continues to evolve, reliance by both shippers and carriers on third party logistics companies, including brokers, becomes more and more common. However, with additional parties involved in the transportation of cargo, comes increased complexity including with respect to contracting for services because it is extremely rare for all three (or more) participants to be parties to the same agreement.

The key risk-shifting provisions in transportation agreements--such as indemnification, cargo liability and hold harmless provisions, among others--remain the same. But the trends, issues, and problems impacting shipper-broker and broker-carrier contracts are rapidly changing. Contractual matters arising from the ever-expanding use of non-commercially licensed drivers for home deliveries and contractual questions raised by the use of technology are changing the industry. Further, the agreements now need to address the issues of the current environment and ensure the limitation of liability due to the potential claims arising from COVID-19.

Given the changing technological, regulatory, and economic landscape, counsel advising carriers, brokers, and shippers must acquaint themselves with advanced strategies for drafting and negotiating these provisions to defend clients' interests and reduce liability exposure.

Listen as Nathaniel G. Saylor, Partner at Scopelitis Garvin Light Hanson & Feary, explains advanced drafting issues, innovative negotiation strategies, and the critical emerging issues impacting shipper-broker-carrier agreements. The group will also provide an update on recent and pending legislation impacting the transportation industry so savvy counsel can best minimize client exposure.